15th Dec 2022
Steps for getting an injunction for protection against domestic violence
Step 1: Go to the courthouse and get the necessary forms
To get an injunction, you must file a petition for protection against domestic violence with the clerk of the circuit court.The clerk is the court official who keeps records and files.You can file in the county where you live, where the abuser lives, or where domestic violence occurred.
Step 2: Fill out the forms
Fill out the petition carefully, and get help from a domestic violence advocate if needed.You will need to provide information about the abuser, including their current address and employment information, as well as any aliases they use. The form will also ask for a detailed description of the family violence and your reasons for seeking protection. Be specific and include details and dates if possible.
Step 3: A judge will review your petition.
The petitioner must fill out a form and submit it to the clerk of court. If the judge finds that there is an immediate threat of violence, they will issue a temporary ex parte injunction. This injunction will be effective for no more than 15 days and the abuser has the opportunity to be present at a full hearing where a long term, final injunction will be discussed.
Step 4: Service of process
If you have a temporary ex-parte injunction, the abuser must be served before it takes effect.You can ask for law enforcement assistance to enforce the injunction if needed.The abuser will receive notice of the hearing date for the final injunction.
Step 5: The hearing
The petitioner must prove that the abuser has committed an act of domestic violence, or they are in immediate danger of becoming a victim themselves.If the petitioner cannot attend the hearing, they must contact the court clerk immediately.The hearing will involve both parties testifying about the abuse experienced.If the abuser does not show up to court, a default judgment may be issued and a final injunction granted without their presence. If you have been involved in domestic violence in Miami, then you may want to call an experienced criminal defense attorney for legal advice.